Sarah Marshall

The applicant sought various medical and rehabilitation benefits under the Statutory Accident Benefits Schedule following a motor vehicle accident.

The respondent insurer denied the treatment plans, arguing they were not reasonable and necessary.

The Licence Appeal Tribunal found that the applicant was entitled to payment for physiotherapy and psychological services, as the evidence supported ongoing chronic pain and psychological impairments.

However, the Tribunal dismissed the claims for occupational therapy, neuropsychology testing, speech language pathology, and a dietician's assessment, finding insufficient objective medical evidence to justify these expenses.

Interest was awarded on the overdue benefits.

The applicant was injured in an automobile accident in Alberta while driving a vehicle registered and insured in Alberta.

After receiving benefits under the Alberta policy, the applicant applied to the Licence Appeal Tribunal for statutory accident benefits under the Ontario Schedule.

The respondent insurer challenged the Tribunal's jurisdiction.

The Tribunal held that under section 226(2) of the Insurance Act, the applicant's policy was excluded from the scope of the Act because the vehicle was not required to be registered in Ontario and the policy was not in an approved Ontario form.

The Tribunal further found that the Power of Attorney and Undertaking (PAU) signed by the insurer did not grant jurisdiction over an out-of-province accident involving an out-of-province policy.

The application was dismissed for lack of jurisdiction.